Keerl v. Keerl

Grasox, J., delivered the opinion of the Court. The first question presented upon this appeal is, whether the Courts of Equity of this State have jurisdiction to decree alimony, if both husband and wife reside beyond the limits of the State. The Act of 1777, ch. 12, incorporated into the Code, Article 16, section 14, provides that “Courts of Equity of this State shall and may hear and determine all causes for alimony, in as full and ample manner as such causes could be heard and determined by the laws of England in the Ecclesiastical Courts there.” The Ecclesiastical Courts of England only decreed alimony as an incident to divorce, and in such cases as would entitle the wife to a 'divorce a mensa et thoro: Alimony is defined to be “a maintenance afforded to the wife where her husband refuses to give it; or where from his improper conduct she is compelled to separate from him.” 2 Bishop on Mar. and Div., sec. 351, note 1; Wallingsford vs. Wallingsford, 6 H. & J., 488 . It is an incident of the mar ²⁶ riage and is a right entirely depending upon the status of the parties, and each State has the right to determine the status and condition of those who are domiciled within its limits.

The Courts of this State have therefore no jurisdiction to pass upon and determine the relative duties of a husband and wife, both of whom are residents of another State; and the Legislature never intended to confer such power by the passage of the Act of 1777, nor by the adoption of the Code. To give jurisdiction to our Courts, in such cases, one or other of the parties must be domiciled within the State. It was contended that the Court below had jurisdiction in this case because the. husband, Henry Keerl, had property within its jurisdiction. To adopt sucht a doctrine would result in great confusion, vexation, and, perhaps, injustice, for the wife might then institute a proceeding for alimony in every State where her husband might have property, and have it decreed to her in each State, and that too, as was very forcibly §aid by the